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RESETTLEMENT ACTION PLAN
(RAP)
Final Report For
Eziala-Obizi Gully Erosion Site
Ezinihitte Mbaise, Imo State
UNDER
THE NIGERIA EROSION & WATERSHED MANAGEMENT
PROJECT
(NEWMAP)
WORLD BANK ASSISTEDBy
IMO STATE NIGERIA EROSION & WATERSHED
MANAGEMENT PROJECT (IMO NEWMAP)
PLOT 36, CHIEF EXECUTIVE QUARTERS, AREA ‘B’ NEW OWERRI IMO STATE
September, 2014
Public Disclosure Authorized
Public Disclosure Authorized
Public Disclosure Authorized
Public Disclosure Authorized
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RAP Basic Data/Information
No. Subject Data
1 Intervention Site Eziala-Obizi Ezinihitte Mbaise Gully Erosion Site, Imo State
2 Need for RAP Crops planted on farmlands and economic trees within 15m both sides of the gully corridor are to be removed in the course of work
3. Nature of Civil Works stabilization or rehabilitation in and around Erosion Gully site
Zone of Impact 15m offset from the gully edge reduced to 5m as the main zone of impact and only assets within this zone are considered as affected, as the case may be.
4 Benefit of the Intervention
Improved erosion management and gully rehabilitation with reduced loss of infrastructure including roads, houses, agricultural land and productivity, reduced siltation in rivers leading to less flooding and the preservation of the water systems for improved access to domestic water supply.
5 Negative Impact Nevertheless, a census to identify those that could be potentially affected and eligible for assistance has been carried out.
Based on inventory, a total of 54 PAPs have been identified.
6. Type of Losses An uncompleted building has been identified to be potentially at risk during project implementation as the 15m adobted set back measurement touched exactly the body of the structure. Meanwhile, it may be safe from demolition during actual project implementation since it did not fall within 5m buffer zone. By this development, it is mainly agricultural resources that may be affected.
7 Impact Mitigation Prudence approach to stabilisation efforts will reduce level of impact on identified assets.
Damaged assets to be compensated at replacement value
*Allow time for annual/seasonal crop owners to harvest their crops.
Careful management of the site based on 15m setback will reduce compensation amount greatly
8 Census Cut-Off Date April 28, 2014 9 RAP Implementation
Cost
SPMU implements with support from Federal Ministry of Environment and other relevant Federal and state MDAs and World Bank. RAP implementation committee shall include representatives of the local government, local communities and PAPs, Site committees, trade Union/CBOs, lands and survey with support from the Social Livelihoods Officer (Social Safeguard Specialist) of SPMU
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Table of Content
Content Page
Title Page 1
RAP Basic Data/Information 2
Table of Contents 3 List of Tables 6 List of Figures 6 List of Plates 7 List of Boxes 7 List of Appendices 7 List of Acronyms 8 Units of Measures 8
Definitions of key Terms 9
Executive Summary 11
Chapter One General Background 16
1.1 Background 16
1.2 The Need for a Resettlement Action Plan for the Proposed Project 16 1.3 This RAP and other Safeguard Instruments Triggered by the Project 17
1.4 Objectives of the ARAP 17
1.5 Scope and Task of the ARAP 18
1.6 Guiding Principles for the RAP 18
1.7 Approach/Methodology of RAP Preparation 18
Chapter Two: NEWMAP Project Components and Description of Intervention Site 19
2.0 Introduction 19
2.1 Description of Main NEWMAP Components 19
2.1.1 The NEWMAP Components 19
2.2 Project Location 19
2.3 The Proposed Targeted Site 19
2.4 The Proposed Activities at the Intervention Site 21
2.5 Situation of the Proposed Targeted 21
Chapter Three Census and Socio-Economic Survey 22
3.1 Introduction 22
3.2 Census Cut-Off Date 22
3.3 Data Analyses and Interpretation 22
3.3.1 Analysis of Persons (Respondents) Interviewed 22
3.3.2 Age of Respondents 23
3.3.2 Sex of Respondents 23
3.3.3 Marital Status of Respondents 23
3.3.4 Religion of Respondents 24
3.3.5 Education Attainment of the Respondents 24
3.3.6 Distribution of Respondents by Occupation and Income 24
3.3.7 Awareness of Proposed Reclamation Work 25
3.3.8 Provison of Space for the Gully Reclamation 25
3.3.9 Conflict Resolution among PAPs 25
3.3.10 Forms of compensation Preferred by Respondents 26
3.3.11 Impact on Vulnerable Group 26
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Chapter Four Impact of the Project 27
4.0 Introduction 27
4.1 Minimisation of Resettlement 27
4.2 Land Acquisition along the Corridor 27
4.3 Benefit of the Project 27
4.4 Negative Impact of the Project 27
4.5 Number and Type of Affected Persons 28
4.6 Inventory of Impacted Assets 28
4.6.1 Impact on Economic Trees 28
4.6.2 Impact on Agricultural Resources (Crops) 28
4.6.3 Impact on Utilities 28
4.6.4 Impact on Host Communities and Loss of Access to Common Property 28 4.6.5 Cultural Property (Archaeological and Cultural Sites) 28
4.6.6 Impact on Vulnerable Group 29
4.6.7 Potential Relocation Areas 29
Chapter Five Existing Legal Framework 30
5.0 Introduction 30
5.1 Nigeria Land Use Act and Bank OP4.12 – A Comparison 30
5.2 Entitlement Matrix for Various categories of PAPs 31
5.3 Eligibility Criteria 33
Chapter Six Valuation and description of Compensation 35
6.0 Introduction 35
6.1 Valuation Methodology 35
6.1.1 Replacement Cost Method 35
6.1.2 Land Resettlement 35
6.1.3 Valuation of Structures and Cost of Materials and transportation 35
6.2 Compensation and Other Resettlement Assistance 35
6.3 Modes of Restitution 35
6.4 Compensation Payment and Procedures for Delivery of Compensation 36
6.5 Livelihood Restoration 36
6.5.1 Restoration Strategies 37
6.6 Witness NGO 38
6.8 Environmental Protection and Management 38
Chapter Seven Public Participation and Consultations 39
7.1 Introduction 39
7.2 Objective of the Consultation 39
7.3 The Stakeholders 39
7.3.1 Level of Stakeholder Engagement 39
7.3.2 Consultation Strategies 41
7.4 Discussion with Stakeholders and Summary of Outcome Conclusion 42
7.5 Public Disclosure of RAP 43
Chapter Eight RAP Implementation - Institutional Arrangement 44
8.0 Introduction 44
8.1 Organisational Arrangement 44
8.2 Resettlement Activities and Responsible Party 48
8.3 Budget and Cost 49
8.4 Strengthening Organizational Capability 50
8.5 Implementation Schedule 51
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Chapter Nine Grievance Redress Mechanisms 52
9.0 Introduction 52
9.1 Grievance Redress Process 52
9.2 Grievance Redress Committee 52
9.2.1 Expectation When Grievances Arise 53
9.3 Management of Reported Grievances 53
9.4 Grievance Log and Response Time 54
9.5 Monitoring Complaints 55
Chapter Ten Monitoring and Evaluation 56
10.1 Introduction 56
10.2 Purpose of Monitoring 56
10.3 Monitoring Framework (Internal and External) 56
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4.1: Number and Type of Affected Persons 28
5.1: Land Use Act and World Bank OP 4.12 – A Comparison 30 5.2: The Entitlement Matrix for Various Categories of PAPs 31
5.3: Eligibility Criteria for Compensation 34
7.1: Summary of Public Consultation with Iyiuzo-Ihioma-Ogberuru Gully Erosion Site Stakeholders 40
7.2 Queries/Observations and the Response given to the Stakeholders 42
8.1: Resettlement Activities and Responsible Party 48
8.2: Budget Estimate for the RAP Implementation 49 8.3 Awareness and Capacity Building Needs of Relevant Stakeholders 50 8.4: Major Component Tasks and Schedule for the RAP Implementation 51
9.1: A Typical Reporting Format for Grievance Redress 55
10.1: Monitoring Indicators 60
List of Figures
Fig Page
3.1: Age of Respondents 23
3.2: Marital Status of Respondents 23
3.3 Religion of Respondents 24
3.4: Distribution of PAPs by Educational Attainment 24
3.5: Primary Occupation of Respondent 25
3.6: Response on Desirability of Proposed Work 25
3.7: Conflicts Resolution Mechanism in the Communities 25
3.8: Type of Compensation Desired/Preferred by PAPs 26
3.9 Vulnerable PAPs in Relation to the Overall PAPs 26
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List of PlatesPlate Page
2.1: Some Cross Sections of the Gully Erosion Site 21
7:1
Some of the Key Stakeholders’ met for the Eziala-Obizi Gully Project
41List of Maps
Maps Page
2.1: Study Area in Imo State and Nigeria in Africa 19
2.2: Satelite Map of the Eziala-Obizi gully erosion site 20
2.3: Delineated Gully Erosion Site 20
List of Appendices
Appendix Page
1.1: Safeguard Instruments Prepared for the Proposed Works 61
1.2: Approach/Methodology of RAP Preparation 62
4.1: List of PAPs and Assets Types 64
6.1: Valuation of assets along the setback gully corridor 68 6.2 Entitlements for compensation of the potential Affected Assets 79 6.3 Project Affected Persons (PAPs) Identification (ID) cards 83
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List of AcronymsARAP Abbreviated Resettlement Action Plan
BP Bank Policy
CBO Community Based Organization CLO Community Liaison Officer
CSO Community Support Organizations DaLA Damage and Loss Assessment EA Environmental Assessment EIA Environmental Impact Assessment EMP Environmental Management Plan EPA Environmental Protection Agency
ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FGD Focus Group Discussion
FGN Federal Government of Nigeria FMENV Federal Ministry of Environment FSLC First School Leaving Certificate GCE General Certificate in Education GDP Gross Domestic Product GIS Geographic Information System IDA International Development Association
LB Land Bureau
LGA Local Government Area LRC Local Resettlement Committee LVO Land Valuation Office
M&E Monitoring and Evaluation
MDAs Ministries, Departments & Agencies MDG Millennium Development Goals MIGA Multilateral Guarantee Agency MOE State Ministry of Environment NGOs Non Governmental Organizations
OD Operational Directives (of the World Bank) OM Operational Manual
OP Operational Policies (of the World Bank) OSH Occupational Safety and Health
PAPs Project Affected Persons PID Project Information Document
PMU Project Management Unit
PPUD Physical Planning and Urban Development PWD Public Works Department
RAP Resettlement Action Plan RIT RAP Implementation Team RP Resettlement Plans
RPF Resettlement Policy Framework SPMU State Project Implementation Unit STDs Sexually Transmitted Diseases TOR Terms of Reference
WASC West African School Certificate
WB The World Bank
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Definitions of Key TermsS/No Word/Term Definition
1 Compensation Payment in cash or kind for an asset to be acquired or affected by a project at replacement cost.
2 Cut-off-date The date after which PAPs will NOT be considered eligible for compensation, i.e. they are not included in the list of PAPs as defined by the socio-economic survey.
3 Displaced Persons
Affected persons by a project through land acquisition, relocation, or loss of incomes and includes any person, household, firms, or public or private institutions who as a result of a project would have their;
(i) Standard of living adversely affected;
(ii) Right, title or interest in all or any part of a house, land (including residential, commercial, agricultural, plantations, forest and grazing land) or any other moveable or fixed assets acquired or possessed, in full or in part, permanently or temporarily adversely affected; or
(iii) Business, occupation, place of work, residence, habitat or access to forest or community resources adversely affected, with or without displacement.
4 Economically-Displaced Persons
Those affected persons who are affected in way
that they loose incomes from crops, land, businesses etc.
5 Encroachers Those people who move into the project area after the cut-off date and are therefore not eligible for compensation or other rehabilitation measures provided by the project.
6 Entitlement The range of measures comprising cash or kind compensation, relocation cost, income rehabilitation assistance, transfer assistance, income substitution, and relocation which are due to /business restoration which are due to PAPs, depending on the type and degree nature of their losses, to restore their social and economic base.
7 Full Cost of Resettlement
Compensation based on the present value of replacement of the lost asset, resource or income without taking into account depreciation.
8 Household Is the unit which includes all members living under the authority of a household head, they are both family members and other dependants. Under the Land Act, a household would be members of the family whose consent would be required in case of alienation or undertaking any transaction on the family residential land. These members should ordinarily reside on the land. These members typically include the household head, one or several spouses, children and other members of the larger family, tenants, and employee.
9 Income Restoration
The measures required to ensure that PAPs have the resources to at least restore, if not improve, their livelihoods.
10 Involuntary Resettlement
When the affected party does not have the option to remain in place even though he/she may prefer to move away. In some cases, people do move voluntarily but their willingness to move spontaneously must be carefully verified.
Refers both to physical displacement (relocation or loss of shelter) and to economic displacement (loss of assets or access to assets that leads to loss of income sources or means of livelihood) as a result of project-related land acquisition. Resettlement is considered involuntary when affected individuals or communities do not have the right to refuse land acquisition that result in displacement.
This occurs in cases of:
(i) lawful expropriation or restrictions on land use based on eminent domain: and
(ii) Negotiated settlements in which the buyer can resort to expropriation or impose legal restrictions on land use if negotiations with the seller fail.
11 Land acquisition The process whereby a person or household is involuntarily alienated from all or part of the land s/he owns or possesses, to the ownership and possession of a project for public purposes, in return for fair compensation.
12 Land-Owner An individual/household/institution recognized as owning land either by customary tenure, freehold tenure, or leasehold including customary occupants of former public land.
13 Market Value Appropriate compensation figures so that the affected population is able to restore their standards of living to levels “at least as good as or better than they were prior to the project.
14 Physically Displaced Persons
Those affected persons who have to physically relocate because they reside within the land to be acquired for the ROW or encumbered as a result of the Power Project.
15 Project-Affected Area
Is the area where the Project may cause direct or indirect impacts to the environment and the residents.
16 Project-Affected Person
Persons who lose assets as a result of the Project,
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access or a combination of those losses; not all Project Affected Persons (PAPs) have to physically relocate as a result of the Project
17 Project Affected Household
The family or collection of PAPs that will Experience effects from and acquisition regardless of whether they are physically displaced or relocated or not.
18 Relocation The physical moving of PAPs from their pre-project place or residence, place for work or business premises.
19 Replacement Cost
Replacement cost of an affected asset is equivalent to the amount required to replace the asset in its existing condition. The replacement cost of land is its market value. The replacement cost of structures is equal to the cost of constructing/purchasing a similar new structure, without making any deductions for depreciation, and inclusive of the labor cost. WB policies require that all affected assets (land and structures) are compensated at their replacement cost.
20 Resettlement Action Plan
The time-bound action plan with budget setting out resettlement strategy, objectives, entitlements, actions, responsibilities, monitoring and evaluation.
21 Resettlement Impacts
The direct physical and socio-economic impacts of resettlement activities in the project and host areas.
Refers not just to the physical displacement of people, but also covers taking land that results in the relocation or loss of shelter, loss of assets or access to assets, and/or Loss of sources of income or means of livelihood (OP 4.12, paragraph 3)...
22 Resettlement Policy Framework
A resettlement policy framework is required for projects with subprojects or multiple components that cannot be identified before project approval. This instrument may also be appropriate where there are valid reasons for delaying the implementation of the resettlement, provided that the implementing party provides an appropriate and concrete commitment for its future
Implementation. The policy framework should be consistent with the principles and objectives of OP 4.12 of the World Bank.
23 Socio-economic survey
The census of PAHs/ PAPs of potentially affected people, which is prepared through a detailed survey based on actual data collected.
24 Sharecropper An individual/household occupying land under a private agreement with the owner for purpose of agricultural use.
25 Tenant An individual/household/institution occupying land or space in a home under a private agreement with the owner whereby the right of occupancy is paid for in cash to the owner.
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EXECUTIVE SUMMARYIntroduction
The Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed Management Project (NEWMAP), which is financed by the World Bank, Global Environment Facility, the Special Climate Change Fund, and the Government of Nigeria. NEWMAP finances activities implemented by States and activities implemented by the Federal government. The project currently includes 7 states, namely Anambra, Abia, Cross River, Edo, Enugu, Ebonyi, and Imo.
The development objective of NEWMAP is: to rehabilitate degraded lands and reduce longer-term erosion vulnerability in targeted areas emboldened in four components namely:
Component 1 - Erosion and Catchment Management Investments
Component 2 - Erosion and Catchment Management Institutions and Information Services
Component 3- Climate Change Agenda Support
Component 4- Project Management
As one of the participating States, Imo State NEWMAP piloted by the State Project Management Unit, intends to carry out some civil works such as construction of infrastructure and/or stabilization or rehabilitation in and around the EZIALA-OBIZI GULLY EROSION SITE IN EZINIHITTE MBAISE,
IMO STATE as well as small works in the small watershed where the gully formed and expanded.
The intervention involves stabilization or rehabilitation in and around the gully itself. This civil work could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement.
Earlier, in addressing the social and environmental safeguards concerns nationally for the NEWMAP, an Environmental and Social Management Framework (ESMF) and a Resettlement Policy Framework (RPF) which complements each other were prepared. The RPF addresses potential adverse social impacts that might stem from resettlement of people affected by the project, whereas the ESMF addresses other possible harmful social and environmental effects of the project. This RAP is directed at translating the RPF into specific costed, measurable, and monitorable actions for specific intervention sites.
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Justification for the RAP
NEWMAP has been classified as Category “A” and the activities of Component 1 will involve civil works in specific intervention sites – that is, construction of drainage works and/or rehabilitation of gullies. This could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement
Under the World Bank Safeguard Policy, OP/BP 4.12, a project is classified as an Abbreviated Resettlement Action Plan (RAP) if the number of people to be displaced or affected is less than 200, and land take is less than 10 percent of the total holding, it advocates for. However, on the agreement with the stakeholders, a full RAP is required to guide the intervention process for this project, because of the significantly high level of social impact and value of land in the project area. Objectives of RAP
Specifically, the RAP is designed to:
Identify and assess the human impact of the proposed works at the erosion gully site and
Prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws.
Project Site Description
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Information available to us from the project design documents shows that the Eziala-Obizi gully erosion Site has an estimated length of 980m and 17m depth with an average top and bottom widths of 47m and 7m respectively.
The proposed civil works include stone revetment to reclaim and protect road way and reinforcement of exposed soil surface to stop scouring action of flow velocity with chute channel, stilling basin, apron and installation of rip-rap and gabions mattress at some areas of the gully as the case may be.
Legal Framework for Land Acquisition
The legal framework for land acquisition in Nigeria is the Land Use Act of 1978 as amended, reviewed under Cap 202, 1990. The relevant World Bank Operational Policy (OP 4.12), which addresses land acquisition and involuntary resettlement was reviewed. The differences between the Land Use Act and the Bank’s OP 4.12 are mostly in rehabilitation measures, which are neither proscribed nor mandated in the Act.
Thus it is noted in this ARAP that in the course of the project implementation in the event of any divergence between the Laws in Nigeria and that of the Bank’s OP 4.12, the more beneficial to the project affected persons shall take precedence in the implementation of this ARAP.
Census Cut-Off Date
The established cut off-date to record the PAPs along the gully erosion corridor of work was April 28, 2014, which was made known to the vendors and/or communities during the stakeholders meeting. In the event of project delay for more than two years, then there will be need to update the socio-economic survey that was carried out for this RAP.
Impacts of Proposed Work
Positively, the major benefits will occur in the form of Improved erosion management and gully
rehabilitation which will provide, inter alia, reduced loss of infrastructure including roads, houses, agricultural land and productivity, reduced siltation in rivers leading to less flooding and the preservation of the water systems for improved access to domestic water supply.
Negatively, it will impact on the social life of people though this is greatly reduced as only 15m offset from the gully edge was taken as the zone of impact and work. Furthermore depending on the approach to the stabilisation efforts, impact to identified structures shall be avoided.
Nevertheless, a census to identify those that could be potentially affected and eligible for compensation has been carried out.
Based on inventory, a total of 54 PAPs have been identified. It is also noted that assests to be affected are only crops already planted on the farm lands and economic trees along the setback corridor. No inhabited structure is envisaged to be affected during the project implementation though there was an uncompleted building belongs to Mr Gospel Eze that exists at the margin of the setback that may be affected.
Mitigation
In order to adequately mitigate the negative impacts on the PAPs, the costs of the damage to the assets were calculated by generating market value and estimates for how much it would cost to replace or repair affected asset based on the replacement value - the amount sufficient to replace lost assets and cover transaction costs (over the period until the assets are recovered). Unit costs were primarily calculated using information from the local markets. A Register has been prepared for the new PAPs with regard to their losses and compensation.
Public Participation
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Relevant stakeholders, namely relevant local government officials, Community leaders and other opinion leaders in the communities, PAPs and other individual people and special interest groups such as Trader Union, etc, were met. At the meetings, the overview of the project and appreciation of RAP implementation and other related information were presented to the stakeholders. Furthermore, the challenges emanating from the implementation of the project and the support needed/given from all parties to ensure effective project and successful implementation were also discussed.
At the fora, the displaced persons and community members were provided information and consulted on resettlement options available to them, and offered opportunities to participate in planning, implementing, and monitoring resettlement as well as the grievance redress mechanism. In other words, the PAPs, specifically, were told that they have the opportunity to air their concerns and suggestions which will be incorporated to the extent possible in project design and implementation. They were made aware of their rights, which include compensation for impacts and alternatives – even if they are willing to give up land, assets and or livelihood in the general public interest. They also discussed their concerns and views about the intervention work.
It was emphasized that compensation will only be for those who are affected in the course of the intervention work and not before..
Furthermore, the stakeholders informed of the need to make available qualified local labour during the intervention works as may be requested by the contractor.
Stakeholders and affected persons expressed happiness and willingness to support the project. Stakeholders were commended for their willingness to support the project. Plates 7.1 depict some of the stakeholders Met. The highlights of the meetings are presented in Appendix 7.2 with a list of those met.
Resettlement of PAPs and Livelihood Restoration
The PAPs have agreed to the various resettlement packages which will enable them find alternative or other locations in places of their choices for relocation and thus move out of the setbacks of the gully corridor. This is seen to improve their means of livelihood or restore to it to pre‐impact status. Technical support will be provided by the community liaison and support professionals, Site committee/associations and individuals to identify and develop suitable, market driven livelihood options in relation to those people most affected most by gully erosion/intervention works, the poorest in the community, and women.
RAP Coordination and Implementation
The implementation of the RAP shall require close collaboration among all the stakeholders with a mutual understanding struck at the beginning. The institutional arrangement has been pragmatically designed to involve relevant Stakeholders with the SPMU as the project implementer. Federal Ministry of Environment as well as other relevant Federal and state MDAs and World Bank concerned with erosion and watershed management shall be involved as designed in the arrangement for implementation. Also the RAP implementation committee made up of representatives of the local government, local communities and PAPs, Site committees, trade Union/CBOs, lands and survey with support from the social Safeguard Specialist of the SPMU shall ensure adequate handling of the resettlement issues.
No civil works contracts for the proposed rehabilitation work shall be initiated unless land free of any encumbrance is made available. The major component tasks and schedule for the RAP implementation have been developed in the RAP.
Strengthening Organizational Capability
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Budget Estimate
The total cost implication for the implementation of the RAP is N
9,646,535.00
(Nine Million, Six Hundred and forty six thousand, five hundred and thirty five Naira only) as indicated in Table below. This sum is expected to cover compensation assets affected and additional mitigations for livelihood restoration measures, coordination of additional mitigations, grievance management and compensation commission. In addition, a provision of 10% of this total budget for contingencies such as inflation that shall be allowed and added to the current budget.SPMU is the source of this fund for the payment of the necessary compensations and mitigation measures and overall implementation of the RAP.
Table a: Budget Estimate for the RAP Implementation
S/N ITEM COST (N) Total
A1 Compensation for
Agricultural resources 5,535,690.00
Land/Structures 460,845.00
Sub-total
5,996,535.00
5,996,535.00
B ADDITIONAL MITIGATIONS
B1 Livelihood restoration measures/Assistance for the vulnerable groups
550,000.00
B3 Grievance management 350,000.00
Sub-total
900,000.00
900,000.00
C IMPLEMENTATION COSTS
Compensation Commission & NGO witness 400,000.00
2,750,000.00
Capacity building/Institutional Strengthening 1,350,000.00Disclosure 500,000.00
Management 500,000.00
D Total
9,646,535.00
*E + Contingencies 10%
*Allow time for annual/seasonal crop owners to harvest their crops. Careful management of the site based on 15m setback will reduce compensation amount
Implementation Schedule
Before any project activity is implemented, PAPs will need to be compensated in accordance with this RAP and the resettlement policy framework that had been prepared. The schedule for the implementation of activities must be agreed to between the Resettlement Committee and the PAPs. These include the target dates for start and completion of all compensations before gully treatmemnt/rehabilitation works. The major component tasks for the RAP are outlined in Table below Major Component Tasks and Schedule for the RAP Implementation
Activities 2014 Remarks
J F M A M J JL A S O N D
Consultation/Community
participation and Information to people affected, Cut-off date announcment, Census and Socio-economic Survey, Analysis data and identification of impacts, Definition of assistance measures and Preparation of RAP)
– April, 2014
Disclosure of RAP Oct, 2014,
RAP Implementation- Compensation and/or Supplementary assistance. Oct 2104 - Rehabilitation/Civil Works - Commencement of project operations. October 2014
Follow-up Visit by Responsible Stakeholders/SPMU -
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Income Restoration Assessment Dec, 2014
Grievance Redress Mechanism
The likelihood of dispute is much reduced because the PAPs and other relevant stakeholders have been consulted. Nevertheless, in the event of any dispute, a conflict resolution mechanism has been designed for the RAP implementation. This mechanism makes the judicial system the least desirable and last resort to redress the issues if informal conciliation does not resolve the matter.
After due interaction with the PAPs and relevant stakeholders the following persons have been suggested as those to constitute the GRC: Community head –as Chairman of the Committee, Site Committee member, PAPs Representative, local government, elected representative of the community at the LG, Affected local government Land officer and SPMU as members shall be formed to hear complaints and facilitate solutions so as to promote dispute settlement through mediation to reduce litigation.
Monitoring and evaluation
In order to successfully complete the resettlement management as per the implementation schedule and compliance with the policy and entitlement framework, there would be need for monitoring and evaluation of the RAP implementation. Monitoring and evaluation will be a continuous process and will include internal and external monitoring. SPMU shall play a key role in reporting the progress of implementation as well as compliance to the World Bank.
Disclosure The RAP shall be disclosed in-country to the general public for review and comment
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CHAPTER ONE GENERAL BACKGROUND 1.1 BackgroundThe Government of Nigeria is implementing the multi-sectoral Nigeria Erosion and Watershed Management Project (NEWMAP), which is financed by the World Bank, Global Environment Facility, the Special Climate Change Fund, and the Government of Nigeria. NEWMAP finances activities implemented by States and activities implemented by the Federal government. The project currently includes 7 states, namely Anambra, Abia, Cross River, Edo, Enugu, Ebonyi, and Imo.
The lead agency at the Federal level is the Federal Ministry of Environment (FMEnv), Department of Erosion, Flood and Coastal Zone Management. State and local governments, local communities and CSOs are or will be involved in the project, given that the project is a multi-sector operation involving MDAs concerned with water resources management, public works, agriculture, regional and town planning, earth and natural resources information, and disaster risk management.
The Project Development Objective (PDO) of NEWMAP is: to reduce Vulnerability of Soil Erosion in targeted sub-catchments emboldened in following four components, namely:
Component 1 - Erosion and Catchment Management Investments
Component 2 - Erosion and Catchment Management Institutions and Information Services
Component 3- Climate Change Agenda Support
Component 4- Project Management
The activities of Component 1 will involve civil works in specific intervention sites – that is, construction of drainage works and/or rehabilitation and treatement of gullies. This could result in the acquisition of land or displacement of persons/families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement.
Imo State is one of the participating States, piloted by the State Project Management Unit (IMO NEWMAP). IMO NEWMAP intends to carry out some civil works such as construction of infrastructure and/or stabilization or rehabilitation in and around the EZIALA-OBIZI GULLY EROSION SITE IN
EZINIHITTE MBAISE LGA, IMO STATE, as well as small works in the small watershed where the
gully formed and expanded.
The proposed work activities have been identified to trigger involuntary resettlements because of the nature, location and scope.
1.2 The Need for a Resettlement Action Plan for the Proposed Project.
NEWMAP has been classified as Category “A” and the activities of Component 1 will involve civil works in specific intervention sites – that is, construction of drainage works and/or rehabilitation of gullies. This could result in the acquisition of land or displacement of families, business or public infrastructure, thus triggering the World Bank OP/BP 4.12 – Involuntary Resettlement
Under the World Bank Safeguard Policy, OP/BP 4.12, a project is classified as an Abbreviated Resettlement Action Plan (RAP) if the number of people to be displaced or affected is less than 200, and land take is less than 10 percent of the total holding, it advocates for. However, on agreement with stakeholders, a full RAP is required to guide the intervention process for this project, because of the significantly high level of social impact and value of land in the project area.
1.3 This RAP and other Safeguard Instruments Triggered by the Project
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As part of the preparatory stage of the NEWMAP, two national instruments a Resettlement Policy Framework (RPF) and an Environmental and Social Management Framework (ESMF) were prepared. The RPF addresses potential adverse social impacts that might stem from resettlement of people affected by the project, whereas the ESMF addresses other possible harmful social and environmental effects of the project.
In general, while
the RPF specifies the contents of the triggers Abbreviated Resettlement Action Plan (ARAP) or Resettlement Action Plan (RAP) when land acquisition leads to the temporary or permanent physical displacement of persons, and/or loss of shelter, and /or loss of livelihoods and/or loss, denial or restriction of access to economic resources due to project activities
the ESMF specifies the procedures to be used for preparing, approving and implementing the triggers of the framework namely:
(i) environmental/social assessments (ESAs, or alternately both an SA or an EA) and/or (ii) environmental/social management plans (ESMPs, or alternately both an EMP and SMP) for individual civil works packages developed for each project.
The focus of each of these relevant safeguard instruments and their triggers which have been prepared or undergoing preparation are outlined in Appendix 1.
Suffice it to say that these 'triggers' help translate the two national framework into specific costed, measurable, and monitorable actions for each specific intervention sites.
Nevertheless, it should be noted that this RAP identifies the specific impacts in relation to the Project Affected Persons (PAPs) across the different points along the Gully Corridor were the proposed work is to be carried out. It identifies the full range of people affected by the proposed work and justifies their displacement after consideration of alternatives that would minimize or avoid displacement as well as suggests possible ways by which the impacts on PAPs could best be mitigated.
1.4 Objective of the RAP
The fundamental objective of project resettlement action planning is to avoid resettlement issues whenever feasible, or, when resettlement is unavoidable to minimize its extent and to explore all viable alternatives. Where land acquisition and involuntary resettlement are unavoidable, resettlement and compensation activities are carried out in a manner that provides sufficient opportunity for the people affected to participate in the planning and implementation of the operation. Further, if incomes are adversely affected, adequate investment is required to give the persons displaced by the project the opportunity to at least restore their income-earning capacity.
Specifically, the RAP is designed to:
Identify and assess the human impact of the proposed works at the erosion gully Site, and
Prepare an Action Plan to be implemented in coordination with the civil works in line with World Bank Policy and Nigeria policies and laws.
1.5 Scope and Task of the RAP
The RAP covers the Eziala-Obizi Gully Erosion Sub-Project(s) in Ezinihitte Mbaise LGA, Imo State intervention site.
It specifically covers area where the main civil works shall take place as is currently captured by the engineering designs.
The scope of work for the RAP assignment covers the following elements/tasks, consistent with the provisions described in OP 4.12, paragraphs 2 and 4 and presented in the TOR for the RAP:
1. A brief description of the project and components for which land acquisition and resettlement are required, and an explanation of why a Resettlement Action Plan is required ;
2. Legal analysis and framework, reviewing the Nigerian laws and regulations and Bank policy requirements and measures proposed to bridge any gaps between them;
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4. Estimate population displacement and categories of displaced persons, to the extent feasible; 5. Eligibility criteria for defining various categories of displaced persons;
6. Valuation of affected assets -- both natural and built assets -- ; Compensation and assistance are to be based on the overall principle that affected people shall not suffer net losses as a result of the project;
7. A description of possible mechanisms for transitional costs (such as moving expenses) and for restoring livelihoods where they are adversely affected;
8. Organizational procedures for delivery of entitlements, a description of the implementation process, linking resettlement planning and implementation to both civil works and livelihood strategies;
9. A description of grievance and redress mechanisms that takes into account the need for (a) registration of grievances; (b) prompt and transparent action on grievances; (c) due process; (d) opportunity for appeal; and (e) avoidance of legal proceedings to the extent possible; 10. A description of the arrangements for funding resettlement including the preparation and
review of cost estimates, the flow of funds, and the contingency arrangements;
11. Development of institutional matrix that clearly identifies all the agencies, public or private, that will be involved in the resettlement project, their respective roles, the budget allocated to each and the legal arrangements to be made;
12. A description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and
13. A description of the processes of monitoring, verification and evaluation required for effective implementation of the resettlement process.
1.6 Guiding Principles for the RAP
In order to ensure that the RAP complies with international best practice, the following shall be the guiding principles:
Resettlement Must Be Avoided Or Minimized
Genuine Consultation Must Take Place
Establishment of A Pre-Resettlement Baseline Data
Assistance In Relocation Must Be Made Available
A fair and equitable set of compensation options must be negotiated
Resettlement must take place as a development that ensures that PAPs benefit
Vulnerable social groups must be specifically catered for
Resettlement must be seen as an upfront project cost
An independent monitoring and grievance procedure must be in place
World Bank’s Operational Procedure on forced Resettlement must apply 1.7 Approach/Methodology of RAP Preparation
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CHAPTER TWONEWMAP PROJECT COMPONENTS AND DESCRIPTION OF INTERVENTION SITE 2.0 Introduction
This Chapter highlights the overall components of NEWMAP and a brief description of the proposed intervention at the specific site.
2.1 Description of Main NEWMAP Components 2.1.1 The NEWMAP Components
The overall development objective of NEWMAP as contained in the Project Apprisal Document (PAD) is to reduce Vulnerability of soil Erosion in targeted sub-catchment areas and is hoped to be achieved through the following four components:
Component 1 - Erosion and Catchment Management Investments
Component 2 - Erosion and Catchment Management Institutions and Information Services
Component 3- Climate Change Agenda Support
Component 4- Project Management
2.2 PROJECT LOCATION
This RAP covers the the Umueze Eziala Obizi Gully Erosion site in Ezinihitte Mbaise Local Government Area of Imo State, Nigeria. Eziala-Obizi is located within geographical co-ordinates N 05o 28’ and N 05o
30’Latitude and E007o
19’ and E007o
23’ Longitude, with five villages Eziala, Umuire, Amudi, Azuahia and Ekwereazu . Maps 2.1 depicts Nigeria showing Imo State in Nigeria and Africa. Map 2.2 portrays the proposed project site of activities (Ezinihitte Mbaise Obizi ) in Imo State while Map 2.3 shows the delineated Gully Erosion Site
Map 2.2: Map of Imo state showing the project area location
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Map 2.2: Satelite Map of the Eziala-Obizi gully erosion site
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2.4 The Proposed Activities at the Intervention Site
The solution option for the gully hazards is proper management of prevailing flood flow path to the gully and subsequently controls the gully responsible to the outfall watershed using chute spillway and stilling basin, side drains and culverts, rip-rap resting on geotextile, then gabion weirs stilling pool placed 100m intervals along the gully bed to slow down the flow velocity.
These measures serve as water energy dissipators/hydraulic control structures or check dams. Apart from velocity control, the hydraulic structures also stabilize the invert/bottom of the gully as a step in erosion mitigation. Map 2.5 is the delineated map of the project site.
2.5 Situation of the Proposed Targeted Site
The gully at Eziala-Obizi has over the years deprived the community of their usual robust farm produce since it has eaten so deep a lot of family’s dependable farm lands. The fierce of this gully has also scared away nearby inhabitants into quitting their homes for their dear lives. Mostly along 15m setback to the gully edge along the corridors are farm lands and economic tress. At the time of this report, there where no occupied household structures likely to be affected during the implementation of this project as none of them was within the setback area of influence from the gully edge though, an uncompleted building belong to Mr Gospel Eze was identified to be within the maximum set back. Plates 2.1 depict some of the situations along the gully edges and the gully itself.
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CHAPTER THREECENSUS AND SOCIO-ECONOMIC SURVEY 3.1 Introduction
The socio-economic conditions of the PAPs are summarized in this Chapter. Socio-economic survey was premised on the PAPsalong the corridor of the erosion gully site with a view to determining their socio-economic conditions, and how the project stands to impact them.
The survey, per se, had several primary objectives which include:
To inform the affected population about the proposed intervention work
To announce the cut off-date for capturing those affected by the proposed project who are along the zone of impact
To obtain feedback from the affected population about the Intervention work
To establish the social profile of the affected population out along the corridor.
To record/update the base line situation of all affected people
To identify the affected households and individuals
To identify vulnerable individuals or groups
To record all assets and impacts within the ROW (setback from edge of gully) 3.2 Census Cut-Off Date
The Census cut-off date refers to the date after which PAPs will NOT be considered eligible for compensation, i.e. they are not included in the list of PAPs as defined before the socio-economic survey of the PAPs ended.
At the conclusion of the census, the cut-off date was declared on April 28, 2014, after which no newly arrived persons or families will be eligible for resettlement benefits. In addition, improvements to housing etc. made after the date will not be eligible for compensation (repairs, such as fixing a leaky roof, are permissible). The cut-off date was announced and made known through appropriate traditional means of reaching-out during the community awareness campaigns at site level and through the local government.
The cut-off date was/is intended to prevent speculation and rent-seeking in order to become eligible for additional resettlement benefits. This is especially more so bearing in mind the time period between the cut-off date and the time actual productive investments would start, and that only after PAPs have been compensated according to the requirements of this RAP. Nevertheless, if works are not initiated two years or more elapsed after declaration of a cut-off date, an updated census and evaluation of properties/assets must be carried out.
3.3 Data Analyses and Interpretation
Specifically, the following thematic socio-economic indicators were included in the survey: gender, age distribution; marital status; nature of trade/occupation of vendor/PAPS; income category, etc. The data analysis and interpretation focus on the socio-demographic background information of respondents, identified Project Affected Persons (PAPs) and/or PAPs along the corridor.
3.3.1 Analysis of Persons (Respondents) Interviewed
A total of 80 questionnaires were administered to community members including identified Project Affected Persons across the length of the gully corridor. The respondents refer to any person considered to live or do businesses in the communities in the gully site areas who may not necessary be affected. Project affected persons are those actually affected by the project. It is important to note that the impact of project activities on the sources of livelihood of PAPs along the gully corridor vary among them. While some are directly affected (those within 15m from the edge of the gully), others are not such as those within general watershed area).
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3.3.2 Age and Sex of RespondentsFig.3.21 depicts the age distribution of the respondents. It reveals that the elderly persons above the age of 65 years old are predominant (28.3%) in this corridor, followed closely by PAPs in the age brackets of 56 to 65 years old. 18.9% of the persons were within the age bracket of 36 to 45 years of age while 15.1% were within the age bracket of 46 to 55 years. 13.2% of the PAPs were within the age bracket of 26 to 35 years of age. 18-25 years brackets are PAPs who are mainly single, occupies 1.9% of the population in the corridor.
74.0% of the identified PAPs were males, while the remaining 26.0% are females.
Age of respondents (years) Sex of respondents Fig. 3.1: Age Distribution and Sex of Respondents
3.3.3 Marital Status and Number of Children of Respondents.
Fig 3.2 depicts that Majority 56% of the respondents are married and the widows were 11.0% with 25% of the respondents having above six children, 26.9% had within 3 to 4 children, 32.7%(which are the majority) of the respondents had within 5 to 6 children while respondents with 1 to 2 children are 15.5%.
Majority of the respondents that were single (33%) in the corridor had no child 0%.
Marital status No of children of respondents
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3.3.4 Religion of RespondentsMajority 98% of the respondents are Christians, while the remaining 2% are Traditional worshipper. There was no Muslim person found along the corridor. (Fig. 3.3).
Fig 3.3: Religion of respondents
3.3.5 Educational Attainment of the Respondents
The evaluation as shown in Fig 3.4 revealed that 36% of the identified vendors had primary education, 35.1% had Primary education while 25.2% had Tertiary education. NoVendor was recorded not to have had no formal education.
Fig. 3.4: Distribution of PAPs by Educational Attainment 3.3.6 Distribution of Respondents by Occupation and Income
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Fig. 3.5: Primary Occupation of RespondentsFig. 3.6: Average Monthly Income of Respondents
3.3.7 Awareness of Proposed Reclamation Work
Many (94%) of the respondents are aware that work is about to start on the gully corridor and see it as welcome development while the remaining 6% are not aware.
3.3.8 Provison of Space for the Gully Reclamation
Majority (98%) gave their consent and are willing to vacate their site or shift backward for the gully reclamation while few (2%) of them are not sure whether they will vacate their site (Fig. 3.8). No respondents answered emphatically no.
Fig. 3.6: Response on Desirability of Proposed Work 3.2.9 Conflict Resolution among PAPs
While Court is seen as good to settle most issues (8%), as many as 92% of the respondents consider informal reconciliation with community leaders as the best with less acrimony.(Fig 3.9).
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3.3.10 Forms of compensation Preferred by Respondents
When asked the preferred compensation form, majority (91.5%) of the respondents want to be compensated with cash grant equivalent to loss while few (2.3%) want to be provided with kind for kind. The remaining 6.2% wants training and financial support for new income generating businesses (Fig. 3.10).
Fig. 3.8: Type of Compensation Desired/Preferred by PAPs
3.3.11 Impact on Vulnerable Group
Of 54 PAPs that were identified, 19 persons making up 35% were found to be of the vunerable category (Fig.3.11). Compensation relating to this catrogy of PAPs needs to be carefully handled and given prirpority in order not to worsen their situation.
Fig. 3.9: Vulnerable PAPs
3.3.12 Summary of the Socio-economic Condition of the Project Area
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CHAPTER FOUR IMPACT OF THE PROJECT 4.0 Introduction
The inventory of assets and analysis using Geographical Information Systems (GIS) reveals how many important features would be affected in the event of the proposed work along the corridor. 4.1 Minimization of Resettlement
To minimize negative impacts the following have been taken into consideration in this project:
A full opportunity for involvement of all stakeholders, especially the direct stakeholders (project affected persons) provided through public participation and engagement of the stakeholder communities. This afforded the concerned stakeholders the opportunity to contribute to both the design and implementation of the project activities and reduce the likelihood for conflicts
The setback on the corridor was made known to the stakeholders to be 15m and that in the event of work in such locations all affected properties are to be removed by their owners to give the required right of way for the work.
The members of the community and LGA agreed to cooperate and support the successful execution of the project.
The members of community assured SPMU that they would continue to support in the implementation of the policy to better their lots and thus promised to play their role at ensuring the successful completion of the project.
4.2 Land acquisition along the corridor
The erosion site rehabilitation activities are not envisaged to acquire new land. If at all acquisition will not extend beyond the required space in the set back that will serve as camp, where equipment and materials will be stored and used. And this shall be carefully selected to avoid impacting on any social means of people. Land acquisition along the corridors will be minimal and restricted to the 15m set back from the edges of the gully.
Although there are some assets within these setbacks which is mostly farm crops and economic trees, the proposed rehabilitation will be managed to avoid or at least reduce interference with any of the structures such as the identified uncompleted building around the gully head.
4.3 Benefit of the Project
The major benefits will occur in the form of improved erosion management and gully rehabilitation
which will provide for:
Reduced loss of infrastructure including roads, houses, etc.
Reduced loss of agricultural land and productivity from soil loss caused by surface erosion.
Reduced siltation in rivers leading to less flooding and the preservation of the water systems for improved access to domestic water supply.
Reduced risks of floods (due to reduced siltation)
Progressively restored vegetative cover, improved environmental conditions and more humid local microclimates. This results in increased vegetation cover for wildlife and carbon sequestration.
Environmental improvements due to land stabilization measures which preserve the landscape and biodiversity.
4.4 Negative Impact of the Project
An inventory of PAPs to be displaced along the gully with their losses has been carried out. This showed essentially, that only agricultural resources are the type of assets that shall be affected in the course of the intervention work (Table 4.1). Table 4.2 shows an outline of the categories of losses in relation to the number of PAPs impacted per the assets and Plate 4.1 shows some of the impacted assets.
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4.5 Number and Type of Affected PersonsA total of 54 persons have been identified as project affected persons (PAPs). This is made up of 4 individuals, 31 households and 19 vulnerable persons.
Table 4.1: Number and Type of Affected Person
S/n
Person
Definition
No
Remarks
1
Individual
Individuals
who
risks
losing
assets,
investments, land, property and/or access to
natural and/or economic resources as a result
of the gully reclamation
4
2
Households
one or more persons - men, women,
children, dependent relatives and, tenants;
vulnerable individuals who may be too old
or ill to farm along with the others; insofar
as displacement due to the sub-project
activities creates challenges for which these
people are ill prepared.
31
3
Vulnerable
Persons/Groups:
Persons/groups considered vulnerable due to
their inability to cope with and participate in
decision making with regard to destruction
of economic trees in the course of work
19
4
Tenants
Persons not from this community but who
has farm lands or economic trees as a result
of land purchase or lease who may loose
such during project implementation.
0
5
Corporate Entity/
Organization
Government
0
Private
0
School
Place of Worship
0
Total
54
4.6 Inventory of Impacted Assets
The affected assets include economic trees and farmlands, essentially and one identified uncompleted building which part could also be affected. These have been identified as shown in this subsection.
4.6.1 Impact on Economic Trees
Incidentally, the gully erosion cuts across the major farm lands and fallow areas of this community. Mbaise people are well known for doing business and most of them being fruits from economic trees and plantation. Palm tree is a dominant tree in this area with most of them within the 15m designates area of influence from both sides of the gully edge.
4.6.2 Impact on Agricultural Resources (Crops)
Vegetable, Cassava, Pineapple, Plantain, Okro, Cocoyam, Pawpaw, Banana, Sugarcane, Maize, Sweet yam, Groundnut, Bitter yam, Water yam, Yam, Sweet Potatoes, are the crops that are affected. 4.6.3 Impact on Utilities
Only one uncompleted building was recorded as being in potential risk within the setback that could be affected in the course of work or that will constitute hindrance to project activities.
4.6.4 Impact on Host Communities and Loss of access to common property No community asset is affected.
4.6.5 Cultural Property (Archaeological and cultural sites)
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4.6.6 Impact on Vulnerable GroupThe various groups considered vulnerable due to their inability to cope with and participate in decision making with regard to resettlement in the course of work were identified along the corridor as impacted and are 19 in number. These are elderly people.
These vulnerable PAPs will need assistance and protection that will help them overcome difficulties in the process. They cannot successfully relocate without adequate support and assistance.
To provide a safety net until they become self-sufficient and resilient to economic stresses as they were pre-project or even better, appropriate preparedness of the entire resettlement process shall be ensured. Also, priority shall be given to this group in all mitigation measures related to them. Furthermore, stress to this group shall be avoided where mitigation measures include physical preparation of sites (which is unlikely).
4.6.7 Potential Relocation Areas
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CHAPTER FIVE EXISTING LEGAL FRAMEWORK 5.0 Introduction
This CHAPTER provides a brief review of the applicable local laws, regulations, policies and procedures on land acquisition and resettlement. Essentially, here, consideration is given to the Nigeria’s Land Use Act (LUA) of 1978 and the World Bank Policy on involuntary resettlement OP4.12 as the main instrument guiding the entire process.
In understanding the existing legal framework, reference should be made to the national instrument -Resettlement Policy Framework - which was prepared for the entire NEWMAP for the participating States. Adequate attention was given to the relevant legal instruments (Legal Basis for Land Acquisition and Resettlement in Nigeria and World Bank Policy on Involuntary Resettlement (OP.4.12)).
5.1 Nigeria Land Use Act and Bank OP4.12 – A Comparison
The law relating to land administration in Nigeria is wide and varies; entitlements for payment of compensation are essentially based on right of ownership. The Bank's OP4.12 is fundamentally different from this and states that affected persons are entitled to some form of compensation whether or not they have legal title if they occupy the land by or before the cut -off date as indicated.
Based on this comparison, entitlement matrix presented in this RAP is designed to assist the process by bridging the gaps between requirements under Nigeria Law and the World Bank OP4.12.
In comparison and bridging the gaps between the requirements under Nigeria Law and the World Bank OP4.12 (Table 5.1), it is emphasized that the higher of the two standards/instruments (the more beneficial to the project affected persons) should be followed as it also satisfies the requirements of the lesser standard.
Table 5.1: Land Use Act and World Bank OP 4.12 - A Comparison
Issue Nigerian Law World Bank OP 4.12
Land Owners: Statutory Rights
Cash compensation based on market value
Preference for land-for-land compensation. If not, cash at full replacement value, including transfer costs Land Owners:
Customary Rights
Cash compensation for land improvements; compensation in kind with other village/district land
Preference for land-for-land compensation, land of equal or equivalent value. If not, cash at full replacement value, including transfer costs
Land: Tenants Compensation based on the value of residual rights held under the tenancy agreement. Entitled to compensation based upon the amount of rights they hold upon land.
Compensation based on value of residual rights held under the tenancy agreement, plus disturbance
allowances, Are entitled to some form of compensation whatever the legal recognition of their occupancy.
Agricultural land users
No compensation for land; compensation for standing crops according to values established from time to time by State governments, Not entitled to compensation for land, entitled to compensation for crops.
Compensation in kind or cash for value of land; compensation at full replacement value for lost crops and economic trees and perennials, fully verifying or updating state lists of values, Entitled to compensation for crops, may be entitled to replacement land and income
must be restored to pre-project levels at least.
Owners of structures
Cash compensation based on market values, taking account of depreciation Cash compensation based on market value for
Owners of "Non-permanent"
Buildings
